Legal Opinion

Emeritus Corp. v. Ofczarzak

Texas Court of Appeals, 4th District (San Antonio)

Decided March 1, 2006No. 04-05-00530-CVPublishedCited by 21 opinions

1Opinion of the Court

OPINION

Opinion by

PHYLIS J. SPEEDLIN, Justice.

This is a case of first impression regarding the procedures and standards governing an appellate court’s review of a trial court’s post-judgment injunction order entered pursuant to Rule 24.2(d) of the Texas Rules of Appellate Procedure. We hold that the trial court could have reasonably found that Emeritus Corporation, the judgment debtor, was likely to dissipate or transfer its assets to avoid satisfaction of the underlying judgment. Accordingly, the trial court did not abuse its discretion in ordering the post-judgment injunction, and Emeritus’s…

2Cases cited7 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. EI Du Pont De Nemours & Co. v. RobinsonTexas Supreme Court · 1996
  3. Butnaru v. Ford Motor Co.Texas Supreme Court · 2002
  4. Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
  5. In Re L.A.M. & Associates, Texas Court of Appeals, 4th District (San Antonio)1998

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. North Cypress Medical Center Operating Co. v. St. Laurent, Texas Court of Appeals, 14th District (Houston)2009
  2. Texas Custom Pools, Inc. v. Clayton, Texas Court of Appeals, 8th District (El Paso)2009
  3. Sargeant v. Al SalehCourt of Appeals of Texas · 2016
  4. Halliburton Energy Services, Inc. v. NL IndustriesDistrict Court, S.D. Texas · 2009
  5. Nelson v. Vernco Construction, Inc.Court of Appeals of Texas · 2012

16 more not listed; retrieve them via the Exa API.

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